When your gym charges hidden fees, surprise maintenance charges, or bills you for services you never requested, use this playbook to recover unauthorized charges through demand letters and credit card disputes.
Types of Unauthorized Gym Charges
Charge Type
Typical Amount
Common Gyms
Annual maintenance/enhancement fee
$39 - $99
Planet Fitness, LA Fitness, Gold's Gym
Personal training charges never authorized
$200 - $2,000
Equinox, Lifetime Fitness, 24 Hour Fitness
Rate increases without notice
$10 - $50/month ongoing
All major chains
Processing or enrollment fees charged after waiver
$49 - $199
Anytime Fitness, YMCA, CrossFit boxes
Equipment access or premium fees
$15 - $75/month
Boutique gyms, specialty studios
Signs of unauthorized charging
Charges appear that were not in your original agreement.
Fees the salesperson said were "waived" appear on your statement.
Monthly amount increases without written notice.
Personal training or class charges you never signed up for.
Annual fees that were never mentioned or shown in contract.
Your rights as a gym member
All fees must be disclosed clearly before you sign.
Rate increases typically require advance written notice.
Waived fees cannot later be charged without new consent.
You can dispute unauthorized charges with your bank.
State laws may provide additional protections and penalties.
Check your statements monthly: Many gym members do not notice unauthorized charges until they review bank statements. Set up transaction alerts and review every gym charge to catch unauthorized billing early when disputes are easier to win.
Legal Framework for Unauthorized Charges
Contract Disclosure Requirements
Clear and conspicuous disclosure: State health club laws require all fees to be clearly disclosed before enrollment. Hidden fees buried in fine print may be unenforceable.
Oral representations: If a salesperson told you a fee was waived, that oral promise may override contradictory contract language under some state laws.
Modification requirements: Most contracts require written notice before changing terms. Unilateral rate increases without notice breach the agreement.
Electronic Fund Transfer Act (EFTA)
Governs automatic debits from bank accounts.
Requires your authorization before any debit can occur.
You can revoke authorization at any time by notifying your bank.
Banks must investigate disputes within 10 business days.
State Consumer Protection Laws
State
Key Protections
Damages Available
California
CLRA requires clear fee disclosure; Health Studio Services Contract Law
Actual + statutory damages up to $5,000
New York
Health Club Services Law requires itemized contracts
Actual damages + $1,000 statutory minimum
Texas
Health Spa Act; DTPA covers deceptive practices
Up to 3x actual damages
Florida
Health Studio Act requires contract specificity
Actual damages + attorney fees
Massachusetts
93A consumer protection; Health Club regulations
2-3x damages for willful violations
Credit card protection: The Fair Credit Billing Act gives you 60 days from the statement date to dispute charges. For recurring unauthorized charges, each new charge may restart this window, giving you ongoing protection.
Documentation Checklist
Contract Evidence
Original membership agreement - all pages.
Any promotional flyers or sign-up offers.
Email confirmations of membership terms.
Screenshots of online signup process.
Billing Evidence
Bank or credit card statements showing charges.
Comparison of promised vs. actual charges.
Record of all charges since enrollment.
Overdraft fee documentation if applicable.
Communication Evidence
Notes from conversations with sales staff about fees.
Emails or texts discussing membership terms.
Written complaints to the gym about charges.
Gym responses to your billing disputes.
Any "rate guarantee" or promotional promises.
Witness Information
Names of sales representatives who enrolled you.
Names of managers you spoke with about billing.
Contact info for any witnesses to verbal promises.
Other members with similar unauthorized charges.
Screenshot everything: If you signed up online, take screenshots of every page. If the gym's website advertises different terms than what you were charged, capture those pages before they change them.
Demand Letter Strategy
Build Your Case
Compare what you were promised (verbally and in writing) to what you were charged.
Calculate total unauthorized charges including any overdraft fees.
Research your state's health club law and consumer protection statutes.
Identify specific contract provisions or legal requirements the gym violated.
Demand Letter Components
Identify unauthorized charges: List each charge with date, amount, and why it was unauthorized.
Reference the contract: Point to what you were promised and where the gym deviated.
Cite legal violations: Reference specific state laws requiring fee disclosure.
Demand specific remedy: State the exact refund amount and deadline.
Explain consequences: Credit card dispute, state AG complaint, small claims court.
Parallel Actions
Credit card dispute: File within 60 days of statement date for unauthorized charges.
Bank stop payment: Block future automatic debits from the gym.
State AG complaint: File with consumer protection division.
BBB complaint: Creates public record and additional pressure.
Don't accept partial refunds without preserving your rights: If the gym offers a partial refund, you can accept it while reserving your right to pursue the remainder. Document this in writing.
Sample Unauthorized Charges Demand Letter
[Date]
Via Certified Mail and Email
[Gym Owner/Corporate Office]
[Gym Name]
[Address]
[City, State ZIP]
Re: Demand for Refund of Unauthorized Charges
Member Account: [Your Account Number]
Amount Due: $[Total Amount]
Dear [Gym Manager/Owner]:
I am writing to demand the immediate refund of $[Amount] in unauthorized charges that [Gym Name] has billed to my account without my consent.
BACKGROUND
On [Enrollment Date], I enrolled in a membership at [Gym Name] at [Location]. At the time of enrollment, I was told by [Salesperson Name] that my membership would cost $[Monthly Amount] per month with [no additional fees / the following fees: list any disclosed fees].
UNAUTHORIZED CHARGES
Since my enrollment, [Gym Name] has charged me the following unauthorized amounts:
[Date]: $[Amount] - [Description, e.g., "Annual maintenance fee never disclosed"]
[Date]: $[Amount] - [Description, e.g., "Rate increase without notice"]
[Date]: $[Amount] - [Description, e.g., "Personal training I never authorized"]
[Date]: $[Amount] - [Overdraft fee caused by unauthorized charge]
Total Unauthorized Charges: $[Total]
These charges were not disclosed to me at enrollment, were not included in my membership agreement, and/or directly contradict what your sales representative told me when I signed up.
LEGAL VIOLATIONS
Your unauthorized charges violate:
1. [State] Health Club/Health Studio Act, which requires all fees to be clearly disclosed in the membership contract before enrollment.
2. [State] Consumer Protection Act ([cite statute]), which prohibits unfair and deceptive business practices including hidden fees and bait-and-switch pricing.
3. The Fair Credit Billing Act, which prohibits charging credit cards for amounts not authorized by the cardholder.
[If applicable: The [date] rate increase also violates my membership agreement, which [guarantees my rate / requires 30 days written notice of any changes], neither of which occurred.]
DEMAND
I demand that you:
1. Refund $[Total Amount] representing all unauthorized charges;
2. Restore my membership rate to $[Original Amount] per month; and
3. Provide written confirmation that no additional unauthorized charges will occur.
Payment must be received within fourteen (14) days of this letter. Refund should be issued by [check mailed to address below / credit to original payment method].
If I do not receive full payment by [Deadline Date], I will:
1. File formal disputes with my credit card company/bank for all unauthorized charges;
2. File a complaint with the [State] Attorney General Consumer Protection Division;
3. File a claim in [County] Small Claims Court seeking the refund plus statutory damages available under [State] Consumer Protection Act;
4. Report this matter to the Better Business Bureau.
Please contact me within seven (7) days to resolve this matter.
Sincerely,
[Your Name]
[Your Address]
[Your Email]
[Your Phone]
Enclosures:
- Membership agreement dated [Date]
- Bank/credit card statements showing unauthorized charges
- Promotional materials from enrollment
- Prior correspondence about billing disputes
Many states require "clear and conspicuous" disclosure of all fees. A fee buried in page 8 of fine print that the salesperson never mentioned may not satisfy this requirement. Additionally, if the salesperson made contrary oral representations, those statements may override the written contract under state consumer protection laws.
Yes. Small claims court is designed for exactly these disputes. Filing fees are typically $30-$100, and you don't need a lawyer. Some state consumer protection laws also provide statutory minimum damages and attorney fee recovery that make even small cases worth pursuing.
Attorney Services & Contact
Unauthorized Gym Charge Recovery
I represent consumers seeking refunds from gyms that charge hidden fees, unauthorized amounts, or violate fee disclosure requirements.
Email owner@terms.law or use Calendly for a paid strategy session.